Question on debt validation.
Date: Sun, 11/19/2006 - 10:01
Collection agency contacted me about 8 months ago about a $9,000 debt. I requested debt validation. 2 months later they sent me a few copies of old statments and threaten lawsuit unless I pay in 2 weeks. I wrote back immediately telling them this is not sufficient debt valdiation and to please validate the debt. The recently responded with a court summons.
Here is my question. Can I go to court and say debt wasn't validated? Because it seems like sending copies of statements isn't proper debt valdiation. Will this defense hold up in court?
I live in Ca. Does anyone know where I can go to find out information of what is required for debt validation in CA? Any previous court cases that I can site in court to help me??
Do these collection agency usually show up in court? This one particular agency sues ALOT. On the court website, they are sueing over 1000 people in my county. If they don't show up to court what should I do?
Thanks a lot. Happy Thanksgiving.
I am not sure what will happen if "they" don't show up in court.
I am not sure what will happen if "they" don't show up in court. Since they have went through the process to sue you, I am sure they will. About the validation, how old were the statements??
they sent me one statement each from 2002, 2003 and 2004.
they sent me one statement each from 2002, 2003 and 2004.
I would ask for something that is current..When was the last act
I would ask for something that is current..When was the last activity on the acct, that you are aware of??
April 2004 was the last activity. They have already filed a s
April 2004 was the last activity.
They have already filed a summons and mailed me a copy. Can I say debt wasn't properly validated as a defense in court?
Matthew9 - I'm no debt attorney, and don't pretend to be one, bu
Matthew9 - I'm no debt attorney, and don't pretend to be one, but I'd definitely consult someone about this. I think the fact that your last activity on the account was in April of 2004, and they sent you statements from 2002, 2003 and 2004 may be enough proof to the court that they fulfilled your request for validation. You may not be in a position to fight it based on this.
Please consult a debt attorney ASAP and get an opinion on this.
Best wishes!
Just curious but have you tried calling the origional creditor t
Just curious but have you tried calling the origional creditor to find out where it is?
If the 2004 statement was through the last activity on the accou
If the 2004 statement was through the last activity on the account (April 2004), that's all the validation you will get, and probably all that they need to show that you owe a debt.
Validation does not refer to whether or not the DC owns the debt, but they will have to prove that in court.
Find yourself a consumer lawyer to help you defend this in court. They are usually affordable, and the defenses to debt collection lawsuits are technical and difficult for a layperson to make.
